On May 16, 2024, the First Department issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2024 NY Slip Op. 02752, holding that judicial estoppel barred a plaintiff from changing its argument regarding choice of law after it earlier had prevailed on that argument, explaining:
Contrary to plaintiff’s assertion, in deciding the parties’ prior summary judgment motions, the court ruled in plaintiff’s favor on the inapplicability of the Virginia choice-of-law clause in the subcontract, and held that New York law should apply; a decision this Court affirmed. Therefore, the prior decision that New York law applies is law of the case.
Moreover, given that plaintiff obtained the ruling it sought on the choice-of-law issue, it is judicially estopped from contravening that position now, after its legal interests have changed.
(Internal citations omitted).